Terms Of Use

Effective April 10th, 2017

Welcome to ShapeDate. The ShapeDate website (“Site”) is comprised of various web pages operated by ShapeDate and is offered to you through acceptant of these Terms of Use (“Terms”) which act as an agreement between you and ShapeDate as if you had agreed to these Terms in writing. Should you not agree to these terms, do not use the Site.


ShapeDate Platform

ShapeDate is a website that helps users find fitness and dance classes by providing schedules, class descriptions, and other studio and instructor information. ShapeDate itself is not a studio and any classes you take are operated by the studio and not by ShapeDate. You assume the risks involved in participating in any classes including but not limited to injury, illness or death.


ShapeDate does not guarantee availability of classes. Schedule, location, and instructors of classes are subject to change without notice. Special rates for classes may apply to those who qualify including introductory offers, and union member, military or senior citizen discounts. These special rates may or may not be listed on ShapeDate’s website. Questions or comments regarding rates, additional fees and other class information not listed on ShapeDate’s website should be directed to the studios themselves.


Privacy

Your use of ShapeDate is subject to ShapeDate’s Privacy Policy. Please read the Privacy Policy for information on user data collection practices.


Electronic Communication

Visiting the ShapeDate website or sending emails to ShapeDate constitutes electronic communication. You consent that agreements, notices, and disclosures submitted or received electronically satisfy the same legal requirements as if in writing.


Use of ShapeDate

While some parts of the website are accessible without creating an account, you must create a user account for full functionality of the website and services. You are responsible for the confidentiality of your account and passwords, and for restricting access from all others. You accept full responsibility for activity that occurs under your account.


If you are under the age of 13, you are not permitted to use our services. If you are at least 13 and under the age of 18 you are permitted to use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.


Links to Third Party Sites

ShapeDate may provide links to Third party sites as a convenience to the user. ShapeDate is not responsible for the content on these sites and inclusion of these sites does not represent endorsement of the site or any association with its operators. You further acknowledge and agree that ShapeDate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.


Third Party Services

Certain services are made available via ShapeDate through integration with Third Party Services that may have their own Terms of Use and Privacy Policies, and your use of these services are subject the Terms of Use and Privacy Policies of these Third Party Services. If you do not agree with the Terms of Use or Privacy Policies of the Third Party Service, do not use the ShapeDate feature that integrates this service. You acknowledge and agree that ShapeDate is not responsible or liable for the behavior, features, or content of these Third Party Services.


No Unlawyful or Prohibited Use

You are granted non-exclusive, non-transferrable, revocable license to use and access the ShapeDate website. As a condition of the Site, you may not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain through any means, information not intentionally made available through the Site.


ShapeDate’s Intellectual Property

ShapeDate is the exclusive owner of the trademark rights of the ShapeDate mark and software used to operate the Site is property of ShapeDate. You agree not to copy, modify, scrape, crawl the Site or its content, or use ShapeDate Trademarks without prior written permission. Other company, service, and product logos and names used and displayed on the Site may or may not endorse or be endorsed or affiliated with ShapeDate.


Information on ShapeDate

ShapeDate collects and publishes publicly available information on studios, instructors, and classes from websites and other public sources (“Public Sources”). ShapeDate does not verify this public information and does not guarantee the accuracy and legitimacy of this information.


Ideas Submitted to ShapeDate

In the event you submit feedback, ideas, or suggestions (“Services Feedback”) to ShapeDate, the Services Feedback will be deemed and remain property of ShapeDate. ShapeDate has unrestricted use of the Services Feedback at its discretion without any compensation to the provider, author, creator or inventor of the Services Feedback.


Intellectual Property Claims

If you believe your copyright has been infringed under applicable Copyright laws please submit a notification in accordance with the Digital Millennium Copyright ("DMCA") (17 U.S.C. § 512) to ShapeDate’s Designated Copyright Agent at info@shapedate.com with the following information in writing:

  • -A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that have been allegedly infringed.
  • -Identification of works or materials being infringed and where they may be located on the site.
  • -Your contact information, including phone number, mailing address, and email address.
  • -Your statement of good faith that the copyright owner, its agent, or the law, does not authorize the use of the disputed materials.
  • -Your statement that the information in your notice is accurate and under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.


Indemnification

You agree to indemnify ShapeDate, its employees, and officers for any losses, damages, or expenses (including reasonable attorneys fees) relating to or arising from your use of the Site or inability to use the Site correctly, violation of rights to a third party, violation to these Terms, and violations of any applicable rules, regulations or laws.


Arbitration

You and ShapeDate agree that any claims you may have against ShapeDate will be brought to arbitration rather than in court. Arbitration shall take place in New York County, New York, or by telephone if you decide.


Class Action Waiver

You and ShapeDate agree, where permitted under the applicable law, that any claims against ShapeDate may be brought only an individual capacity and not as a plaintiff or class member in any purported class or representative action.


Liabilities

The information provided on the ShapeDate site may contain inaccuracies or errors, and the information may be changed periodically. ShapeDate may make improvements or changes to the site at any time, and does not guarantee accuracy, reliability, or availability of information. You understand and agree that ShapeDate is not liable for any damages or expenses that result in inaccuracies or errors on the Site.


Termination

You may terminate your account at any time by sending a request to info@shapedate.com and we will aim to remove your account within 2 business days. ShapeDate may terminate your account or impose restrictions at any moment without notice or liability if ShapeDate believes your conduct fails to comply with these Terms of Use.


Changes to Terms

ShapeDate may change the Terms under which ShapeDate is offered. The most recent terms shall override all previous versions. We recommend checking the Terms of Use regularly for updates.


Contact

If you have any questions, comments or concerns regarding this Privacy Policy, please contact us at:

ShapeDate Inc.
66 West 38th Street
Suite 21D
NY, NY 10018
Email: info@shapedate.com
Telephone: (646)-342-6036